Choudhary, J.

1. This is a plaintiffs appeal which arises out of a suit for recovery of money by way of damages.

2. Admittedly, on 20-2-1944, the plaintiff purchased and booked 75 tins of butter weighing 374 maunds from Kamtaul station (O.T. Railway) for Chapra Station (O.T. Railway) per railway receipts Nos. 286503 and 284505, and the said consignments reached Chapra Station on 21-2-1944, by 143 up parcel express train at 7.5 a.m. The case of the plaintiff is that the butter was to be delivered to the plaintiff at Chapra and he had to supply it to Mr. G.P. Saraf, military supplier at Chapra, on 21-2-1944. The plaintiff endorsed the aforesaid railway receipts when the said consignments reached Chapra on 21-2-1944, and handed them over to the station Master. The consignments, however, owing to culpable negligence and misconduct of the railway servants, were not unloaded at Chapra and were carried Over to Bhatpar Rani Station (O.T. Railway) where they were unloaded.

Attempts were made on behalf of the plaintiff to have the consignments rebooted for Chapra so as to be delivered to him at that place, but notwithstanding all efforts they could not be delivered to the plaintiff.